HomeMy WebLinkAboutMinutes - November 18, 2008 SSLODI CITY COUNCIL
SHIRTSLEEVE SESSION
CARNEGIE FORUM, 305 WEST PINE STREET
TUESDAY, NOVEMBER 18, 2008
A. Roll Call by City Clerk
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held
Tuesday, November 18, 2008, commencing at 7:00 a.m.
Present: Mayor Pro Tempore Hansen, Council Member Hitchcock, Council Member Johnson,
and Mayor Mounce
Absent: Council Member Katzakian
Also Present: City Manager King, City Attorney Schwabauer, and City Clerk Johl
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B-1 Neiahborhood Stabilization Proaram (CD)
City Manager King briefly introduced the subject matter of the neighborhood stabilization
program.
Community Improvement Manager Joseph Wood provided a PowerPoint presentation regarding
the neighborhood stabilization program. Specific topics of discussion included the Housing and
Economic Recovery Act of 2008, funding to State and local jurisdictions, San Joaquin County
distribution, State Department of Housing and Community Development (HCD) distribution to
San Joaquin County, the City's set aside, challenges, program implementation, and preserving
affordability.
In response to Mayor Pro Tempore Hansen, Mr. Wood stated Department of Housing and Urban
Development (HUD) applies the formula after reviewing area data for foreclosures and
delinquencies. Mr. Wood stated if the area does not meet the $2 million threshold it would not
receive an allocation.
In response to Mayor Mounce, Mr. Wood stated if an agency does not meet federal thresholds it
must rely on funding from the State. Mr. Wood stated San Joaquin meets the criteria for federal
and State funding and the funding goes from HUD to the County and then to the cities.
In response to Mayor Pro Tempore Hansen, Mr. Wood stated the State will be providing
approximately $800,000 in additional funds for underserved areas based upon the same
guidelines as the federal funding.
In response to Mayor Pro Tempore Hansen, Mr. Wood stated the time frame for the expenditure
is 18 months to obligate the first initial allocation.
In response to Mayor Pro Tempore Hansen, Mr. Wood stated the funding cannot be applied to
affordable housing because a key element is vacant or foreclosed property.
In response to Council Member Hitchcock, Mr. Wood confirmed that someone in the very low
income will likely not qualify for the funds. He stated the City will reach out to affordable housing
non-profit developers and will look for foreclosed properties to see if there are any multi -family
types of structures.
In response to Mayor Mounce, Mr. Wood stated that, based on a recent County proposal for
Continued November 18, 2008
affordable housing projects, there are approximately four viable developers serving the general
area.
In response to Mayor Pro Tempore Hansen, Mr. Wood stated there should not be any
problems using the funding, as the City does not acquire the properties itself, and as long as
developers are involved and follow through. Mr. Wood stated the money should be able to move;
although, there may be some challenges with the requirement that the properties are purchased
for less than 5% of the appraised value and collectively there is a 10% to 15% aggregate value
below appraised values to meet.
In response to Mayor Mounce, Mr. Wood stated the Technical Advisory Committee for the County
has the ability to follow through on funding and property acquisition with banks and developers
within whom they are familiar.
In response to Mayor Mounce, Mr. Wood stated the City will play a key role in identifying
properties for eligibility and getting local providers, such as the Salvation Army and Loel Center,
to bring options to the table.
In response to Council Member Hitchcock, Mr. Wood stated that staff time spent on administering
the program will be charged to the program as allowed for administrative costs and will be similar
to that of the Block Grant program.
Discussion ensued between Mayor Mounce, Council Member Hitchcock, and Mr. Wood regarding
the process associated with acquiring property, rehabilitation, turn over to an agency such as
Loel Center, and the revolving nature of the funds to keep the program going by regenerating
funds.
In response to Mayor Pro Tempore Hansen, Mr. Wood confirmed that individuals will still have to
go out and qualify through a bank for primary mortgages and the program will simply assist them
with additional funding.
In response to Mayor Pro Tempore Hansen, Mr. King stated the 5% requirement set forth by the
lawmakers in Washington DC was an effort to get the most value for the dollar by implementing
restrictions that would minimize the ability to make a profit off such programs and development.
In response to Myrna Wetzel, Mr. Wood stated the subject properties must be strictly residential
in nature or vacant lots that are foreclosed.
In response to Council Member Johnson, Mr. Wood stated Manteca and Tracy receive direct
allocation from HCD and are therefore not listed on the County list.
In response to Council Member Hitchcock, Mr. Wood stated the map presented does reflect the
foreclosed properties in the City of Lodi.
In response to Mayor Pro Tempore Hansen, Mr. Wood stated the area designation currently is
limited to the 95240 zip code but can be amended later as necessary to include 95242.
In response to Council Member Johnson, Mr. Wood stated the program may apply to Habitat for
Humanity; although, there may be some concern with fund expenditure in a timely manner since
their projects generally take a bit longer.
In response to Council Member Johnson, Mr. Wood stated at the current time there has not been
an opportunity to receive pro bono appraisals.
2
Continued November 18, 2008
In response to Mayor Pro Tempore Hansen, Mr. Wood confirmed that the program providers did
not want there to be misuse of the program or profit making. He stated the intent is to keep
property affordable and on the grids in a revolving manner.
C. Comments by Public on Non-Aaenda Items
None.
D. Adjournment
No action was taken by the City Council. The meeting was adjourned at 7:54 a.m.
ATTEST:
Randi Johl
City Clerk
AGENDA ITEM !goo I
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Neighborhood Stabilization Program
MEETING DATE: November 18, 2008
PREPARED BY: Community Development Department
RECOMMENDED ACTION: Receive a presentation on the Neighborhood Stabilization Program
funding.
BACKGROUND INFORMATION: In July of 2008, Congress passed the Housing and Economic
Recovery Act of 2008 (HERA) which appropriated $3.92 billion for
the redevelopment of abandoned and foreclosed homes and
residential properties to State and local jurisdictions with the greatest need based upon the number and
percent of foreclosures, sub -prime mortgages, delinquencies and defaults. The grant program within
HERA that provides this funding is the Neighborhood Stabilization Program (NSP).
NSP funding is intended to stabilize neighborhoods by giving State and local jurisdictions the ability to:
• Buy, rehabilitate and resell abandoned and foreclosed homes;
• Demolish existing abandoned and foreclosed homes;
• Rebuild on those demolished and/or vacant properties that were the subject of foreclosure;
• Offer down payment and closing cost assistance to low- to moderate -income homebuyers;
• Reuse properties for affordable rental housing.
In addition, grantees can create "land banks" to assemble, temporarily manage and dispose of vacant
land for the purpose of stabilizing neighborhoods and encouraging reuse or redevelopment of properties.
San Joaquin County has received an allocation of $9 million to be shared amongst the local jurisdictions
that operate within the Urban County designation for funding from the US Department of Housing and
Urban Development (HUD). While the City of Lodi has elected to leave the Urban County group
beginning in 2009/10, NSP funds are available to all participating jurisdictions in the 2008/09 Program
Year, which allows Lodi to not only receive an initial allocation, but also to continue to access program
income generated through the life of the NSP. The breakdown of funding within the Urban County
jurisdiction is as follows:
Local Agency Allocation % of Foreclosures
Escalon $65,762 1.12%
Lathrop
$645,663
11%
Lodi
$577,908
9.85%
Manteca
$1,116,956
19.03%
Ripon
$119,567
2.04%
Tracy
$1,888,164
32.17%
Unincorporated County
$1,455,730
24.8%
APPROVED: �n
Blair King, C' ager
HERA requires that at least 25% of the funding provided in this program be targeted to benefit those
families or individuals living at or below the very low-income level, or 50% of the Area Median Income
(AMI) level. Since it is not likely that a family or individual at that income level could qualify for a home
mortgage, those funds will likely be used to acquire and rehabilitate housing for affordable rental housing
and to serve other needs within that income level such as transitional housing for homeless and for those
at risk of becoming homeless. For San Joaquin County, that 50% AMI set-aside is $2.257 million and will
be pooled among the participating jurisdictions.
There are many elements of these program regulations and requirements that present a significant
challenge to State and local jurisdictions. The most critical challenge is that the initial allocation of
funding must be obligated with 18 months from the date that the Action Plan is adopted. At that 18
month deadline, any unobligated funding will be recaptured by HUD and redistributed to other
jurisdictions with the greatest need that have demonstrated the ability to use the NSP funds in a timely
manner.
The NSP funding is intended to remain available for reuse as program income is returned to the local
agencies for only five years. Any NSP funding on hand and any program income generated after June
30, 2013, will revert to HUD.
Another challenge of this program's regulations is the requirement that properties be acquired at least 5%
below their appraised value for an individual purchase and 10-15% below the appraised value for the
aggregate of all purchases with NSP funding. In the current market, we are beginning to see competition
from local investors who are buying up foreclosed properties and mortgage companies that may be
hesitant to take additional loss.
Program Implementation
Representatives of each jurisdiction that serve on the CDBG Technical Advisory Committee (TAC) have
met with San Joaquin County, which will act as the lead agency for the NSP, in order to review and
approve the actions necessary to implement the program. The TAC has reviewed and approved the
following in order to allow for the timely adoption of the revised Consolidated Plan/Action Plan by the
December 15` deadline:
• Identified the acquisition, rehabilitation and re -sale of abandoned and foreclosed properties as
the primary eligible use of NSP funding.
o Individual jurisdictions can identify additional eligible uses and apportion their allocation of
funds accordingly.
o For Lodi, our initial allocation is dedicated toward the primary eligible use. This
will provide us with the greatest opportunity to expend the initial funding allocation
within the first 18 months.
c The Consolidate Plan/Action Plan can be amended at a later date to allow for
additional eligible uses with the program income that is generated over the
remainder of the program.
• Identified the reuse of abandoned and foreclosed properties for affordable rental housing as the
secondary eligible use of the NSP funding set-aside for 50% AMI.
• Identified the geographic areas within each jurisdiction where the funding will be targeted.
o For Lodi, the 95240 zip code (East of Ham Lane), in which over 70% of the
foreclosed properties are concentrated. See attached map.
• Revised Consolidated Plan/Action Plan to the Board of Supervisors on November 25th.
• Will solicit proposals from non-profit affordable housing developers for their participation in the
program.
o A reasonable Developer Fee amount has been established for any participating
affordable housing developer.
The TAC will be responsible for oversight of program administration and future revisions to the
Consolidate Plan/Action Plan through San Joaquin County. Locally, the responsibility for oversight of
program implementation will fall to the Community Improvement Manager. The personnel costs
associated with both program implementation and time spent serving on the TAC are all reimbursable
through the program. The scope of work carried out under this program is not expected to create any
unusual demands on staff's time as it is a direct extension of the duties and responsibilities currently
undertaken by the Community Improvement Manager.
FUNDING: Neighborhood Stabilization Funds $577,908
AL=:i -
KdKradt Bartlam
Community Development Director
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Neighborhood
Stabilization Program
Community Development Dept.
November 18, 2008
Summary
■ Housing & Economic Recovery Act of 2008
Adverse impact the foreclosures have had on
communities.
$3.92 Billion —Neighborhood Stabilization Program
. Intended for the redevelopment of abandoned,
foreclosed homes and residential properties.
• Provide affordable housing to very low- to moderate
income residents.
• Provide opportunity to preserve affordability over a
long term.
Neighborhood Stabilization Program
■ Funding to State and local jurisdictions.
Buy, rehabilitate and resell abandoned and foreclosed
homes;
Demolish existing abandoned, foreclosed homes;
Rebuild residential homes/units on those demolished
and/or vacant properties that foreclosed upon;
Provide down -payment and closing cost assistance to
homebuyers;
Provide for the reuse of foreclosed properties for
affordable rental housing.
Neighborhood Stabilization Program
■ Funding to States
$19.6 million minimum.
California's allocation: $145 million received.
■ Funding to Local Jurisdictions
$2 million threshold for cities and counties.
• Those jurisdictions under that threshold would be
served through the State allocation.
NSP — San Joaquin County
■ $9 million to SJ Urban County
25% Set-aside to serve 50% AMI (Very low-income)
. $2.257 million
Distribution to Cities/County
Escalon
Lathrop
Lodi
Manteca
Ripon
Tracy
SJ County
$657762
$6457663
$577,908
$171167956
$1197567
$17888;164
$17455;730
NSP - California HCD
HCD Distribution to SJC Cities
Agency Urban County HCD
Escalon
Lathrop
Lodi
Manteca
Ripon
Tracy
SJ County
$65,762
$645,663
$577,908
$191169956
$1199567
$198889164
$1,455,730
$146,043
$696,139
$871,252
$1,510,449
$221,478
$1,882,000
$0
NSP - Lodi
■ 25% Set-aside
Urban County funds: $2.257 Countywide
HCD funds: $36,267,876.50 Statewide
■ Balance of NSP funding
Urban County: $577,908
HCD $871,252
• Total $1,449,160
NSP Challenges
■Initial allocations of funding must be obligated
within 18 months from Action Plan adoption.
June 1, 2011
Any unobligated funding at that date is
recaptured by HUD.
Once obligated, funding remains available for
5 years.
• After June 30, 2013, all funding reverts back to
HUD.
NSP Challenges
■ Homes/Properties must be acquired at least
5% below their appraised value for an
individual purchase.
■ 10%-15% below the appraised value for the
aggregate of all purchases with NSP funding.
■ Beginning to see movement in resale market
for foreclosed properties.
• More competition.
■ Will banks be willing to take additional losses?
Program Implementation
■ CDBG Technical Advisory Committee (TAC)
Representative from each participating
agency.
■ San Joaquin County lead agency with Urban
County funding.
■ Will need a Joint Power Agreement or
Memorandum of Understanding with Lathrop,
Escalon & Ripon for allocation from State
HCD.
Program Implementation
■ County to adopt revisions to Consolidated
Plan/Action Plan by December 1, 2008.
Identified acquisition, rehabilitation and re -sale of
abandoned, foreclosed properties as primary use of
NSP funding.
. Quickest way to use these funds within the 18 month
timeframe.
• Plan can be amended later to accommodate additional
eligible uses for a specific project.
Identified 95240 zip code as geographic area where
funds will be targeted.
• 70% of foreclosures.
Program Implementation
■ County has solicited proposals from area
non-profit developers.
■ City Staff is in contact with other affordable
housing developers who have an interest in
participating in the program.
Approved non-profit developers will have
access to the funding to carry out the program.
Developer Fees will be limited.
Preserving Affordability
"The Secretary shall, by rule or order, ensure, to the maximum
extent practicable and for the longest feasible term, that the
sale, rental or redevelopment of abandoned and foreclosed
homes and residential properties under this section remain
affordable to individuals or families"
The Housing and Economic Recovery Act of 2008, section 2301 (038
Preserving Affordability
■ Shared Equity Homeownership
Resale price restrictions, deed restrictions,
covenants and Community Land Trusts are tools
that will allow homeowners to build significant
wealth through homeownership but limit the extent
of that wealth creation in order to maintain
affordability.
A method in which this NSP investment could be
used to build a long term stock of affordable
homes.